On April 30, 2024, Judge
Christopher E. Krueger of the Sacramento County Superior Court issued a
Permanent Injunction against the State of California prohibiting the DOJ from enforcement
of RIPA’s gender disclosure requirements set forth in section 999.226(a)(23) of
Title 11 of the California Code of Regulation.
PORAC, the California Association
of Highway Patrolmen, the California Police Chiefs Association, and the
California State Sheriffs’ Association filed a legal action and obtained a TRO
against the California DOJ to stop Attorney General Rob Bonta’s implementation
of these forced identification regulations on January 22, 2024.
David E. Mastagni and Timothy K.
Talbot appeared in Sacramento Superior Court to request issuance of a Permanent
Injunction pursuant to stipulation with the DOJ on April 30, 2024. Today, the Court issued its order granting the
permanent injunction which stated in pertinent part:
- “Defendants and their agents, employees, and representatives are
permanently enjoined from enforcing section
999.226(a)(23) of Title 11 of the California Code of Regulations, a
regulation under the California Racial and Identity Profiling Act of 2015
(RIPA) that requires certain law enforcement officers to document their gender
identity when performing a stop. (Gov.
Code § 12525.5.)”
- “Defendants and
their agents, employees, and representatives are permanently enjoined from
requiring any individual required to comply with RIPA to provide the “gender of
officer,” as defined in section 999.226(a)(23) of Title 11 of the California
Code of Regulations, on any disclosures required by RIPA.”
The Court’s minute explained:
“The declarations submitted by
Plaintiffs with the application for the temporary restraining order, coupled
with the decision by Defendants State of California, California Department of
Justice and Attorney General Rob Bonta not to contest that evidence and to
stipulate to the injunction, provide sufficient factual and evidentiary basis
for the issuance of a permanent injunction. The Court will approve the
stipulation for final judgment.”
We are proud to have represented
law enforcement labor and management organizations to jointly protect the
privacy rights of the peace officers who protect us all.
For more on the RIPA legal battle, visit our previous blog post here outlining RIPA more fully.
